Gandhi Verma v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13224 of 2015 Arising Out of PS.Case No. -2488 Year- 2014 Thana -GOPALGANJ COMPLAINT CASE DistrictGOPALGANJ ====================================================== Gandhi Verma, S/o Late Guljar Verma, Resident of Village -Chaturbagaha, P.S. -Jadopur, District- Gopalganj.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Pramila Devi W/o Muktinath Verma, R/o Village Chaturbagaha, P.S.- Jadopur, District- Gopalganj.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjeet Kumar Pandey, Advocate For the State : None ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 02-09-2015 Heard learned counsel for the petitioner and the learned counsel for the complainant.

None appears on behalf of the State.

The petitioner seeks pre-arrest bail in connection with Complaint Case No. 2488 of 2014 in which cognizance has been taken under Sections 448, 354, 379 and 506 of the Indian Penal Code.

It is contended that the instant complaint is a gross misuse of the process of court. The complainant took no steps under Sections 154(1) and 154(3) of the Code of Criminal Procedure and with an intention to humiliate and harass the

Patna High Court Cr.Misc. No.13224 of 2015 (3) dt.02-09-2015 2 / 2 petitioner who is uncle-in-law of the complainant instituted a false complaint before the Court. He has further contended that apart from the offences punishable under Sections 354 and 379 of the Indian Penal Code, all other sections are bailable in nature.

On the other hand, learned counsel for the complainant has vehemently opposed the prayer for pre-arrest bail of the petitioner. He has submitted that the petitioner being uncle-in-law of the complainant had outraged the modesty of the complainant.

Be that as it may, regard being had to the facts and circumstances of the case, in the event of arrest or surrender within a period of six weeks from today, the petitioner is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Gopalganj in connection with Trial No. 4846 of 2014 arising out of Complaint Case No. 2488 of 2014 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashwani Kumar Singh, J.) Sanjeet/- U T